The land policy is characterized by

There are four main characteristics of land policy: first, there are many. For example, only one industrial land policy involves 90 documents. The second is dispersion. That is, the policy provisions concerning a certain matter can not be solved in one document, but scattered in various documents. For example, there are seven or eight different documents on tourism land policy. The third is new. That is, various new policies and regulations are often introduced. If you don't pay attention to them and learn from them often, you may become a layman. The fourth is change. Land policy lacks stability and continuity and is often revised and changed. For example, since 2007, there have been four major policy adjustments.

The research and study of land use policies should adopt a comprehensive approach and be updated regularly. While understanding the general terms, we should focus on the new terms, especially some special policies.

Under what circumstances can the rules be temporarily adjusted?

The Notice of the Ministry of Natural Resources, the National Development and Reform Commission and the Ministry of Agriculture and Rural Affairs on Safeguarding and Standardizing the Land for the Integrated Development of the Primary, Secondary and Tertiary Industries in Rural Areas (Zi Nong Fa [202 1] 16) states that rural industrial integration development projects with necessary infrastructure conditions and using the indicators of reserved construction land in planning shall not occupy permanent basic farmland, strictly observe the red line of ecological protection, and shall not destroy historical features and features.

(Link: Notice of the Ministry of Natural Resources and other three ministries and commissions on safeguarding and standardizing the land for the integration and development of rural primary, secondary and tertiary industries)

Under what circumstances can I "get on the bus first and then make up the ticket"

In the past, in order to support deep poverty-stricken areas, it was proposed that it could be reported while building and occupied while making up for it. On March 23, 20021year, the general office of the Ministry of Natural Resources issued the Notice on Carrying out the Law Enforcement Work of Satellite Films in 20021year, which clearly stated: "According to the relevant national policies, the land for construction projects in deep poverty areas that are allowed to be submitted for approval and built at the same time before the end of 2020 is judged as legal land; 20211The newly-built project failed to go through the land use examination and approval procedures according to laws and regulations and was judged as illegal land use ". In other words, after 202 1, deep poverty areas can no longer "get on the bus first and then make up the ticket".

On July 2, 20021year, the Ministry of Agriculture and Rural Affairs, the National Rural Revitalization Bureau and other departments 12 issued the Implementation Opinions on Supporting Key Helping Counties for National Rural Revitalization, which stipulated the following special policies: First, for those listed as key helping counties, each county will arrange 600 mu of new land use indicators every year. Second, the increase or decrease of linked savings indicators can also be adjusted across provinces.

At present, it is mainly a "land priority" policy. The Administrative Measures for the Examination and Approval of Construction Land of the former Ministry of Land and Resources stipulates that the departments in charge of land and resources of provinces, autonomous regions and municipalities directly under the Central Government may apply to the Ministry of Land and Resources for individual projects that control the construction period and other projects that need to be started urgently due to tight construction period or seasonal influence. If the land is used first after approval, the formalities for approval of land use shall be handled within the prescribed time limit.

At present, the "first land" also includes emergency rescue and disaster relief and epidemic prevention and control. When revising the Regulations on the Implementation of the Land Management Law, the draft for comment stipulated that "land should be used first", but it was not adopted in the end.

Which land can be managed according to the original category and use?

First, rural tourist parking facilities that use land only in certain tourist seasons of the year can be managed according to their current use without expropriation (recovery) or use, provided that the related facilities do not occupy permanent basic farmland, destroy ecological and landscape environment, affect geological safety, affect agricultural planting, harden the ground or build permanent facilities.

Basis: Action Plan for Promoting Rural Tourism Development (20 18 -2020) (Development and Reform Comprehensive [20 18] 1465)

Secondly, for the specific functional areas of the self-driving RV camp, if unused land is used, it can be managed according to the original category without changing the land use and solidifying the ground.

Basis: Several Opinions on Promoting the Development of Self-driving RV Tourism (LVF[2065 438+06] 148)

Third, under the premise of not changing the land subject and planning conditions, if market subjects use old factories and warehouses to provide tourism and leisure services that meet the needs of global tourism development, they can implement a transitional policy of continuing to use land according to the original use and land ownership type within five years.

Basis: Guiding Opinions on Promoting Global Tourism Development (Guo Ban Fa [2065 438+08] 15)

Fourth, develop tourism on the land after the mine is restored, and build non-permanent ancillary facilities such as sightseeing platforms and plank roads. Under the premise of not occupying permanent basic farmland, destroying ecological environment and natural landscape, and not affecting geological safety, land can be not expropriated (recovered) or used, but managed according to the current use.

Basis: Opinions on Promoting Mine Ecological Restoration in a Market-oriented Way (Natural Resources Supervision [2019] No.6)

Fifth, use the existing mountains and rivers to build ice and snow sites and facilities, which do not occupy land or change the surface morphology, and can be managed according to the original category.

Basis: National Planning for the Construction of Ice and Snow Sites and Facilities (20 16-2022) (Tijing Zi [2016] No.646)

Sixth, photovoltaic and wind power projects that use unused land such as Gobi, desert and grassland, which do not occupy land and do not change the surface morphology, can be identified according to the original category.

Basis: Opinions on Supporting the Development of Emerging Industries and Formats and Promoting Innovative Land for Mass Entrepreneurship (Guo Tu Zi Fa [2065438+05] No.5)

Seventh, the photovoltaic array facilities of the photovoltaic composite project are arranged on agricultural land. Under the premise of not actually occupying land, changing the surface morphology and not affecting agricultural production, it can be identified according to the original category and not changing the land use.

Basis: Notice on Standardizing Land Management of Photovoltaic Composite Projects (Gan Energy [2065 438+09] 165 438+004)

Eighth, tourism projects belonging to natural landscape land, farming, animal husbandry and fishery planting and breeding land can be identified and managed according to the original category.

Basis: Opinions on Land Policy for Supporting Tourism Development (No.[2065 438] 10 of the Ministry of Land and Resources) (Note: this document has been abolished)

What is the five-year transitional policy?

Mainly refers to the use of existing real estate and land resources to develop industries and industries supported by the state, and can enjoy transitional support policies without changing the land subject and planning conditions within a certain period of time. The term of the existing transitional support policy for construction land is five years. Such as the use of existing industrial land, the establishment of advanced manufacturing, productive and high-tech services, entrepreneurial innovation platform and other state-supported new industries and new formats construction projects, can continue to use according to the original purpose. Use commercial, office, industrial, warehousing and stock houses and community houses to hold pension institutions. Under the condition that the used stock houses conform to the detailed planning and the land subject is not changed, the transitional policy of continuing to apply according to the original land use and right type within 5 years can be implemented.

(link; Guiding opinions of the Ministry of Natural Resources on strengthening planning and land security to support the development of the aged care service industry)

Important reminder: When the transition period expires and the transfer involves the change of land subject and planning conditions, except for the allocation reserved in the Catalogue of Allocated Land, the rest can be handled by agreement, but laws, regulations, administrative regulations and other provisions clearly stipulate that the land use right should be recovered and re-transferred, unless otherwise stipulated in the decision on allocation of state-owned construction land, lease contract and other provisions or agreements.

What land can occupy permanent basic farmland?

Major construction projects

Article 35 of the new Land Management Law stipulates that it is really difficult to avoid permanent basic farmland in the site selection of national key construction projects such as energy, transportation, water conservancy and military facilities, and the conversion of agricultural land or land expropriation must be approved by the State Council.

The Notice of the Ministry of Natural Resources on Doing a Good Job in Pre-examination of the Occupation of Permanent Basic Farmland by Major Construction Projects (Natural Resources Regulation [2018] No.3) stipulates six situations in which major construction projects are allowed to occupy permanent basic farmland. The main special policies are as follows: the provincial roads planned by the provincial expressway network and the provincial roads connecting the deep poverty-stricken areas and directly serving the areas can occupy permanent basic farmland.

(Link: The Ministry of Natural Resources has issued a notice requesting pre-examination of land for major construction projects occupying permanent basic farmland)

temporary ground

The Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation [2065 438] 1No.) stipulates that temporary land shall generally not occupy permanent basic farmland. If temporary land is needed for construction and geological exploration of construction projects and the site selection is really difficult to avoid permanent basic farmland, the original planting conditions can be restored after reclamation without building permanent buildings (structures). Land users apply for temporary land use according to legal procedures and prepare land reclamation plans. After being approved by the county-level natural resources department and filed with the municipal natural resources department, they can temporarily occupy it, generally not exceeding two years.

Protected agricultural land

The Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Relevant Issues Concerning the Management of Protective Agricultural Land (Natural Resources Regulation [2019] No.4) stipulates that if the planting facilities do not destroy cultivated land, permanent basic farmland can be used without further planning; If cultivated land is destroyed, but it is difficult to avoid permanent basic farmland due to location reasons, permanent basic farmland is allowed to be used, but it must be supplemented. In principle, farming facilities shall not use permanent basic farmland. A small amount of permanent basic farmland is really unavoidable, and it is allowed to be used, but it must be supplemented.

Land intensification

The Notice of the Ministry of Natural Resources on Carrying out the Pilot Work of Comprehensive Land Improvement (Zangfa [20 19] 194) stipulates that if the renovation area involves the adjustment of permanent basic farmland, an adjustment plan should be prepared and handled according to the existing regulations to ensure that the newly added permanent basic farmland area is not less than 5% of the adjusted area in principle, and the adjustment plan should be incorporated into the village planning. The permanent basic farmland database will be updated and improved after the remediation task is completed and passed the acceptance.

Ecological land use

Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation 1 [2065438]No.) stipulates that:

■ If the major ecological construction projects determined by the CPC Central Committee and the State Council are really difficult to avoid permanent basic farmland, the permanent basic farmland shall be adjusted and demarcated according to the relevant requirements, and the corresponding overall land use planning shall be revised. In order to implement the decision-making arrangements of the CPC Central Committee and the State Council, the provincial people's government has put forward an ecological construction project with national significance. With the consent of the State Council, it is really difficult to avoid permanent basic farmland, and the supplementary planning shall be adjusted according to the relevant requirements. It is forbidden for landscape parks, lakes and wetlands, afforestation, construction of green passages and urban green belts to occupy permanent basic farmland.

■ The permanent basic farmland located in the area where human activities are prohibited in the national nature reserve should be gradually withdrawn after being confirmed by the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs. In principle, it should be supplemented within the county where it is located. If it is really impossible to supplement, it shall be supplemented within the scope of its municipal district; In protected areas where human activities are not prohibited, the red line of ecological protection and the control line of permanent basic farmland should be adjusted in combination with the national spatial planning.

■ For sloping farmland with soil and water conservation above 25 degrees, sloping farmland with an important water source of 15-25 degrees, cultivated farmland with serious desertification and rocky desertification, cultivated farmland with serious pollution, and cultivated farmland that can't be cultivated after relocation, the actual planting situation of grain production will be comprehensively considered, and with the consent of the State Council, the permanent basic farmland will be withdrawn in an orderly manner.

Mine restoration

The Opinions of the Ministry of Natural Resources on Exploring the Use of Marketization to Promote Mine Ecological Restoration stipulates that the existing agricultural land that cannot be restored to its original use due to mining subsidence shall be adjusted and supplemented according to regulations and incorporated into the national spatial planning.

Prospecting mining

Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Strengthening and Improving the Protection of Permanent Basic Farmland (Natural Resources Regulation 1 [2065438]No.) stipulates that:

■ Geological exploration of oil and gas strategic minerals such as oil, natural gas, shale gas and coalbed methane may temporarily occupy permanent basic farmland to lay exploration wells upon approval. If the mining right is converted to mine after trial, the approval procedures for agricultural land conversion and land expropriation can be directly handled according to law, and permanent basic farmland can be supplemented according to regulations.

■ For non-oil and gas strategic minerals such as coal, if the mining right holder applies for the mining right involving permanent basic farmland, differentiated management shall be implemented according to open-pit and underground mining methods. Open-pit mining, mining projects should meet the requirements of land occupation for major construction projects of permanent basic farmland; For underground mining, protective development measures should be implemented in the development and utilization of mineral resources and ecological protection and restoration programs. Underground mining methods are used to support the construction of ground industrial squares and other facilities to meet the requirements of major construction projects occupying permanent basic farmland.

■ If the established mining rights overlap with permanent basic farmland, local natural resources departments at all levels should strengthen the daily supervision of permanent basic farmland protection and land reclamation, and allow registration procedures such as renewal and change within the original mining rights. Where an application has been made to delimit the mining area or convert the exploration right into mining right, it shall be implemented in accordance with the above-mentioned Provisions on the Administration of Non-oil and Gas Strategic Minerals such as Coal. If the mining right holder applies to expand the scope of exploration blocks or expand the scope of mining areas, and applies to change the minerals to be explored or mined from strategic minerals to non-strategic minerals, which involves spatial overlap with permanent basic farmland, it shall be handled in accordance with the newly established mining right. If the mining right holder fails to fulfill the obligation of land reclamation according to law, no new mining right or new construction land shall be approved.

Under what circumstances can collective construction land be used?

First, land for public facilities and public welfare undertakings. 1 homes for the aged, libraries, leisure squares, etc. in villages and towns. 2 Self-driving RV camp located outside the urban planning area determined by the overall land use planning, its public parking lot, connecting roads between functional areas, commercial service areas, vehicle equipment maintenance and medical service guarantee areas, waste storage and disposal areas and other functional areas can be combined with rural public welfare undertakings, and collective construction land can be used according to law.

The second is the homestead. 1 Farmers who are members of this collective economic organization and conform to the principle of "one household, one house" build rural houses. Returning entrepreneurs can rely on their own and idle farmhouses to develop farmhouses. Returning entrepreneurs can solve the housing problem of returning entrepreneurs by renting farmers' houses or cooperating with local farmers who have legal homesteads and farm houses to rebuild their houses. 4. Obtain the right to use farmers' houses and homesteads belonging to cultural relics buildings through circulation, and protect, develop and utilize them in a unified way. 5. Use idle houses to develop new industries and formats such as leisure agriculture, rural tourism, catering and accommodation, cultural experience, creative office, e-commerce, and integration development projects of primary, secondary and tertiary industries such as cold chain, primary processing and warehousing of agricultural products.

The third is enterprise land. 1 Land for township enterprises and rural collective economic organizations to set up enterprises. 2. Rural collective economic organizations and other units and individuals hold enterprises in the form of land use rights and joint ventures. 3. The planned industrial and commercial collective construction land can be used for commercial, industrial, tourism, pension and other projects by transferring, leasing or transferring the land use rights.

How to supply scattered small plots of land in cities and towns

Mainly take the way of allocating land for construction. The specific provisions are as follows: for industrial supporting facilities such as new energy vehicle charging facilities, wireless communication base stations, distributed photovoltaic power generation facilities, community home care (medical care, sports, culture) service facilities, cinemas (cinemas), tourist toilets, etc., which are scattered, small in scale and closely attached to other buildings and structures, it is allowed to include their construction needs in land supply conditions when new land is used for other construction projects.

How to handle the formalities of sporadic small-area land use in rural areas

On June 7th, 20 19, the State Council issued "Guiding Opinions on Promoting Rural Industrial Revitalization", and proposed that it is a new formulation and policy measure to explore the "point supply" of rural industrial land between provinces, cities and counties. Prior to this, Sichuan Province has explored the "point supply" and issued the "Guiding Opinions on Standardizing the Implementation of" Point Land Use "to Promote Rural Revitalization (Trial)", and various provinces will gradually issue corresponding specific policies and regulations.

(Link: New Land Use Policy ‖ the State Council proposes "point supply" of land/Sichuan takes the lead in introducing specific policies and regulations)

What are the policies and regulations for enterprise transformation land?

First, for the circulation land and industrial land such as urban commodity wholesale markets that need to be relocated and transformed in different places during the transformation of the old city, after the original state-owned construction land use right is recovered, it can be arranged for the original land use right holder to use by agreement after approval. Where there are land use standards, land for similar purposes shall be arranged in accordance with the standards.

Second, the original allocated land involved in the transformation of operating cultural institutions can continue to be used in the form of allocation if it meets the catalogue of allocated land after the transformation; Does not conform to the "Catalogue of Allocated Land", it shall be paid for transfer according to law.